CRC/C/THA/CO/2 page 10 4. Family environment and alternative care (arts. 5, 18 (paras. 1-2), 9-11, 19-21, 25, 27 (para. 4) and 39 of the Convention) Alternative care 42. The Committee notes the various programmes and mechanisms providing alternative care for children in the country, including the foster care system, welfare homes and other institutions, which are administered by various Government ministries and agencies. The Committee is concerned, however, at the lack of information on the situation of children placed in alternative care facilities and on the standards and regulations governing such institutions. It is also concerned at the lack of information concerning monitoring and oversight mechanisms for such programmes and institutions. 43. The Committee recommends that the State party: (a) Undertake a comprehensive study to assess the situation of children placed in institutions, including their living conditions, care plans and services provided; (b) Set clear standards for existing institutions and the foster care system, including rules for the involvement of children and their parents in decision-making processes in accordance with article 9 of the Convention and ensure periodic review of the placement of children, in light of article 25 of the Convention; (c) Ensure that all alternative care institutions and programmes are well monitored, including by independent complaint monitoring mechanisms and non-governmental organizations, with a view to ensuring the protection of children’s rights, and provide children with easy access to these mechanisms; and (d) Pursue all necessary measures to allow children placed in institutions to return to their families whenever possible and use the placement of children in institutions as a measure of last resort. Violence, abuse, ill-treatment and neglect 44. While acknowledging the efforts made by the State party and noting Section 53 of the Constitution of Thailand (1997), the Committee is deeply concerned about increasing reports of cases of domestic violence, child abuse and neglect in the country. It expresses its concern at the notable deficiencies in the domestic legislation as regards penalizing all forms of abuse, neglect and mistreatment, including sexual abuse (for example, the provisions of the Penal Code only protect female victims of rape). It also expresses its concern at the lack of a national data collection system on cases of violence against children. 45. The Committee urges the State party to: (a) Review its domestic legislation in order to penalize all forms of abuse, including sexual abuse, neglect, mistreatment and violence against children and to define clearly these crimes against children;

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